BILL NUMBER: SB 1703	CHAPTERED  09/27/00

	CHAPTER   704
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   SEPTEMBER 1, 2000
	PASSED THE ASSEMBLY   SEPTEMBER 1, 2000
	AMENDED IN ASSEMBLY   SEPTEMBER 1, 2000
	AMENDED IN ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN SENATE   MAY 30, 2000
	AMENDED IN SENATE   APRIL 24, 2000

INTRODUCED BY   Senator Escutia

                        FEBRUARY 22, 2000

   An act relating to child care, and making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1703, Escutia.  Child care.
   Existing law provides the priority for state and federally
subsidized child development services except as provided for in child
care for recipients of the CalWORKs program.
   Existing law requires the superintendent to submit to the Joint
Legislative Budget Committee a report documenting the performance of
child care and development programs.
   The bill would appropriate the sum of $42,000,000 to the State
Department of Education for specified child care purposes.  The bill
would declare appropriations for these purposes to be General Fund
revenues appropriated to school districts for the purposes of Section
8 of Article XVI of the California Constitution, and to be within
the total allocations to school districts and community colleges from
the General Fund proceeds of taxes appropriated pursuant to Article
XIII B of the California Constitution.
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The sum of forty-two million dollars ($42,000,000)
is hereby appropriated from the General Fund to the State Department
of Education for the purposes of funding, on a one-time basis, the
following activities related to child care and development services:

   (1) Expansion of child care facilities in state-subsidized centers
through the purchase of portable facilities or renovation and
remodeling of existing space through the Child Care Facilities
Revolving Fund established pursuant to Section 8278.3.
   (2) Grants for repairs and modifications to existing
state-subsidized child care facilities to comply with health and
safety and other licensing requirements and the federal Americans
With Disabilities Act, and to increase inclusion of children with
disabilities.
   (3) Grants for equipment and instructional materials for
state-subsidized child care providers, including those necessary to
increase the inclusion of children with disabilities.  Any grants for
instructional materials shall be for the purpose of purchasing
materials aligned with either the state's academic content standards
for kindergarten and grades 1 to 12, inclusive, or the state's
prekindergarten learning and development guidelines for preschool age
children.
   (4) Grants for state-subsidized child care providers to bring
playground equipment into compliance with regulatory requirements.
   (b) It is intended that the State Department of Education not
impose traditional limits on grant amounts or on the number of grants
to child care providers for purposes of paragraphs (2), (3), or (4)
of subdivision (a), in order to maximize service to children where
need is demonstrated.  The State Department of Education shall give
priority in the allocation of funds pursuant to subdivision (a) to
underserved areas and to expanding capacity to serve disabled
children.
   (c) (1) Funds appropriated pursuant to the act adding this section
shall not be available for expenditure until an allocation plan is
submitted by the State Department of Education to the Department of
Finance and the Department of Finance approves the plan.  The
allocation plan shall include, but is not limited to, the amounts of
funding that will be set aside for each of the purposes specified in
subdivision (a), specific criteria for ensuring that priority is
given to underserved areas, and specific criteria for expanding child
care capacity to serve disabled children.
   (2) The State Department of Education shall report to the
Legislature and the Department of Finance on or before September 1 of
each fiscal year, commencing with September 1, 2001, and for three
years thereafter, on the implementation of the allocation plan
described in paragraph (2).  The report shall include the numbers of
applications and funding by type of use, the child care capacity
generated, and the amount of funds remaining for allocation.
   (d) (1) The Department of Finance may consider and approve an
amount equal to a maximum of 30 percent of the funds appropriated
pursuant to subdivision (a), as determined by the State Department of
Education, to be granted to local planning councils or resource and
referrals agencies for purposes of increasing the capacity of
nonstate subsidized child care providers to serve disabled children
in child care settings that meet their developmental needs,
consistent with the intent of the Child Care and Development Services
Act pursuant to Chapter 2 (commencing with Section 8200) of Part 6.
A local planning council or resource and referral agency may expend
funds granted to it pursuant to this subdivision for any of the
following:
   (A) To contract for various purposes that may include, but are not
limited to, providing training and technical assistance to child
care and development providers, developing local plans, and
conducting awareness and outreach, provided that the activities
contracted for further the purposes of this subdivision.
   (B) To purchase or lease portable accessibility enhancements that
may be temporarily loaned or leased to nonstate subsidized child care
and development providers to provide access to disabled children.
   (C) To establish a direct loan program to nonstate subsidized
child care and development providers for purposes that may include
acquisition of physical improvements, equipment, and instructional
materials to increase the providers' ability to serve disabled
children.
   (2) Any proposed allocations subject to this subdivision shall
include a detailed description of and justification for the features
of the program and shall include the specific uses of the funds that
may be authorized, the amount and range of loan amounts, fiscal
accountability requirements for administering agencies including loan
repayments, and loan requirements for child care providers that
assure the funds are utilized to efficiently increase services to
children receiving subsidies through state alternative payment
programs, including those serving CalWORKs populations.
   (e) The Legislature finds and declares that funds allocated for
purposes of subdivision (d) serve an essential educational purpose as
a resource for public elementary and secondary schools and are
intended to the educational mission of school districts and further
the education of public school pupils and others by providing early
childhood development for school readiness.  It is, therefore, the
intent of the Legislature that, notwithstanding Section 42102 of the
Education Code, the appropriation made by subdivision (a), for
purposes of subdivisions (a) and (d), shall be counted toward the
state minimum funding obligation of the public school system under
Section 8 of Article XVI of the California Constitution.
   (f) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by subdivision (a) shall be deemed to be "General Fund revenue
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2000-01 fiscal year, and
included within the "total allocations to school districts and
community college from General Fund proceeds of taxes appropriated
pursuant to Article XIII B," as defined in subdivision (e) of Section
41202 of the Education Code for the 2000-01 fiscal year.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide necessary funding for child care purposes, it
is necessary that this act take effect immediately.
